Mike Ross Law Blog
Legal issues: Inside out
28 September 2020
Restraint of Trade: M&L Holdings Ltd v. Kuang
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Wenyan Kuang has been ordered to stop running his own real estate photography business in South Auckland, in breach of his agreement with fr...
24 September 2020
Creditor Moratorium: Brauninger & Tololi v. Westend
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Attempts by financially-pressed Cambridge horse stud Linwood Park to do a deal with creditors fell apart when news leaked that Stuart Brauni...
Reckless Trading: Debut Homes v. Cooper
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New Zealand’s ‘do it yourself’ tradition does not extend to corporate turnarounds. It is a breach of director’s duties to self-manage corpo...
Insurance: Nestel v. Millar
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It was their German Shepherd cross Louis which gave them away. An Australian insurer chasing Darryl and Linda Millar tracked them down to I...
23 September 2020
Property Development: Downer v. Signature Developments
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Signature Developments acted in a high-handed manner when it tried to railroad investor Robert Downer into purchase of a Pukekohe early chil...
21 September 2020
Autoterminal: Auto Net v. Tyler
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Used-car importer Auto Terminal’s restructuring in 2009 was triggered by a scheme to hide its true financial position; a restructuring which...
Penguin Group: Milk New Zealand (Shanghai) Ltd v. Miraka Ltd
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Taken to arbitration after defaulting on long-term UHT milk purchase agreements, Chinese-owned Pengxin Group was ordered to pay Miraka Mil...
08 September 2020
Price-fixing: Commerce Commission v. Lodge & Monarch
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Hamilton based Lodge Real Estate and Monarch Real Estate have been ordered to pay price-fixing penalties nearly double that of competitors w...
04 September 2020
Constructive Trust: Patterson v. Alsaloom
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Potentially liable for fire damage to a rented Auckland property, tenant Kevin Patterson claims his landlord agreed that his money as tenant...
Estate Expenses: Kellerman v. Kellerman-Thornton
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Margaret Kellerman-Thornton was removed as executor of her late father’s estate after improperly charging personal expenses to the estate in...
03 September 2020
Tax: Inland Revenue v. Frucor Suntory
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Structured financial transactions used to finance purchase of Frucor Beverages by French food and drinks giant Danone in 2003 were struck ...
31 August 2020
Companies Register: Singh v. Patel
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Shareholdings listed on the companies office public register do not promise legal ownership; each company’s own register is primary evidence...
28 August 2020
Director: Alala International Ltd v. Chen
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Leaving taxes unpaid after clearing all assets out of his cashed-up company cost Peng Chih Chen $590,200. It was a breach of director’s dut...
26 August 2020
Autoterminal: Hemi v. Tyler
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With tens of millions at stake in the world-wide fight over control of used car importer Autoterminal, Hohua Hemi has narrowed the focus in ...
25 August 2020
Asset Forfeiture: Commissioner of Police v. Wishart
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One day before sentencing on cannabis supply charges, Richard Wishart saw the High Court confirm an agreed deal forfeiting $210,000 as proce...
21 August 2020
Family Company: Drummond v. O'Rorke
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For Christine Drummond it was death by a thousand cuts. Sister Julie O’Rorke would only agree to terms for sale of their Taranaki dairy f...
20 August 2020
Ngati Tama: Ngati Tama Trust v. White
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Threats to damage Ngati Tama’s commercial interests led to kaumatua Allen Potete White’s bankruptcy after he failed to pay a $13,800 court c...
19 August 2020
Insurance Fraud: Taylor v. Asteron Life
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Cancelling insurance cover following a fraudulent claim does not permit insurers to recover prior payments on claims validly made, the Cou...
13 August 2020
Maori Land: Nicholls v. WT Nicholls Trust
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George Nicholls appeal to tikanga when occupying Oamaru Bay Holiday Park near Coromandel was described by the Maori Land Court as cover fo...
12 August 2020
Asset Forfeiture: Commissioner of Police v. Snowden
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Real estate owned by convicted drug dealer Paul Andrew Snowden’s family trust was ordered sold as part of $743,300 criminal profits order. S...
11 August 2020
Bankruptcy: Singh v. Official Assignee
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As a bankrupt, Cheryl Sitara Singh no longer controls her assets and cannot direct Insolvency Service as to how and when these assets can ...
Residential Restrictions: Jackson v. Small
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What to one is thing of beauty, to a neighbour can be an eyesore. Geoff and Aria Small will be forced to demolish an equestrian barn on a s...
10 August 2020
David Henderson: Gower & Tubbs v. FTG Securities Ltd
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Interests associated with property developer David Henderson paid $100,000 to buy a South Canterbury second mortgage security over Tuam Vent...
Charities Registration: Greenpeace v. Charities Registration Board
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Allowing Greenpeace registration as a charity creates a seismic shift in charities law. Political lobbyists can gain the tax benefits of c...
07 August 2020
GST: Ward v. Official Assignee
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That wheel-clamping companies do not pay GST is akin to kidnappers not being liable for GST on ransom payments, Judge Bell mused when refu...
06 August 2020
Will: re Estate Joseph Grbavac
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Joseph Grbavac arrived in New Zealand as a teenager in 1938, emigrating with his family from Dalmatia. Like many in west Auckland’s Croat...
03 August 2020
Fraud: Kumar v. R.
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Desperate to avoid deportation for fraud offences, Manoj Kumar’s appeal against conviction fell over when he admitted offences of deceptio...
31 July 2020
Insurance: Moore v. IAG Insurance
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IAG Insurance and Graeme Moore were nearly two million dollars apart in agreeing the insurance payout on a Christchurch home damaged twice...
Restaurant: Il Forno Ltd v. Kleine
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Long-standing family bakery and cafĂ© Il Forno in Auckland’s trendy Ponsonby has seen legal fisticuffs behind the scenes; Andrew Kleine fen...
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